Without Prejudice Letter

A without prejudice letter is the standard mechanism for opening settlement discussions in the context of a dispute. The letter is privileged, meaning it cannot be referred to in court if the matter does not settle, which gives both parties room to make and respond to settlement proposals without prejudicing their litigation position.

What a good without prejudice letter does

A good letter sets out the dispute, the writer's position on it, and a clear settlement proposal. It is firm without being hostile, realistic about the strengths and weaknesses on both sides, and structured to give the recipient a basis to respond.

Most disputes settle. The point of the letter is to make the settlement happen sooner rather than later, on the right terms.

Suitable for opening or continuing settlement negotiations in a commercial dispute.

Example: a typical scope and fixed fee

For a single without prejudice letter, the typical scope looks like this.

What's included

• A consultation to understand the dispute, your position, and your settlement objectives
• Drafting of a without prejudice letter setting out your position and a settlement proposal
• One round of revisions based on your feedback
• Final version ready to send

What's outside this scope

• Court proceedings
• Negotiation with the other party beyond the scope described above
• Tax advice

Fixed fee: £295, no VAT.

How I will approach your matter

Once you have instructed me, I will arrange a consultation to understand the dispute, your position, and your settlement objectives before drafting. The letter will be firm and clear, with a structured proposal that gives the recipient a basis to respond.